Terms of Service

Welcome 👋 HAY was created by a collective of doers, engineers, dreamers, and creatives at code quest.

Please read on to learn the rules and restrictions that govern your use of our website(s), products, services, and applications (the "Services"). We tried to make them as simple and understandable as possible.

If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@howareyou.work

Acceptance Of Terms

These Terms of Use (the "Terms") are a binding contract between you and HAY sp. z o.o., ("HAY," "we" and "us"). You must agree to and accept all of the Terms, or you don't have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy and Security Policy.

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Terms are a binding contract between you and HAY. By using, you agree to our terms including Privacy and Security Policy.

Reuse

This document is an adaptation of the Heroku Terms of Service, which is turn an adaptation of the Google App Engine Terms of Service. The original work has been modified with permission under the Creative Commons Attribution 3.0 License. Neither Heroku, Inc. nor Google, Inc. is connected with and they do not sponsor or endorse HAY or its use of the work.

You're welcome to adapt and use this document for your own needs. If you make an improvement, we'd appreciate it if you would let us know so we can consider improving our own document.

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These terms are an adaptation of Heroku Terms, based on Google App Engine Terms, modified under CC Attribution 3.0 License. HAY is not endorsed by Heroku or Google. Feel free to adapt this document for your own use.

Your Agreement with us

Your use of the HAY Service is governed by this agreement (the "Terms"). The "Service" means the services HAY makes available include our web sites (https://howareyou.work/), our blog, our API, and any other software, sites, and services offered by Hin connection to any of those. "Customer Source Code" means any source code you submit to HAY for the purpose of using the Service. "Content" means all content generated by HAY on your behalf (including metric data) and does not include Customer Source Code.

In order to use the Service, You (the "Customer", "You", or "Your") must first agree to the Terms. You understand and agree that HAY will treat Your use of the Service as acceptance of the Terms from that point onwards.

HAY may make changes to the Terms from time to time. You may reject the changes by terminating Your account. You understand and agree that if You use the Service after the date on which the Terms have changed, HAY will treat Your use as acceptance of the updated Terms.

If you have any question about the Terms, please contact us.

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All HAY Services are governed by these Terms. Services include web, API, blog. Customer Source Code, Content defined. By using HAY you agree to these terms.

Your Account

You may not use the Service if You are a person barred from receiving the Service under the laws of the United States or other countries, including the country in which You are resident or from which You use the Service.
You may not use the service unless you are over the age of 13.
You must be a human. Account created by automated methods are not permitted.

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Restrictions to using HAY: no barred users, age limit 13+, human users only

Use of the Service

You must provide accurate and complete registration information any time You register to use the Service.
You are responsible for the security of Your passwords and for any use of Your account.
Your use of the Service must comply with all applicable laws, regulations and ordinances.
You agree to not engage in any activity that interferes with or disrupts the Service.
HAY reserves the right to enforce quotas and usage limits (to any resources, including the API) at its sole discretion, with or without notice, which may result in HAY disabling or throttling your usage of the Service for any amount of time.

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During the use of HAY you have to: go through the process of registration, choose a secure password, use the service in accordance with applicable law, and not engage in disruptive behaviours. HAY can enforce quotas on usage.

Service Policies and Privacy

The Service shall be subject to the privacy policy for the Service available at Privacy Policy, hereby expressly into the Terms of Service by reference. You agree to the use of Your data in accordance with HAY's privacy policies.

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HAY Service follows Privacy Policy. Your data is handled per policies.

Ideas and Feedback

You may choose to or we may invite You to submit comments or ideas about the Service, including but not limited to ideas about improving the Service or our products ("Ideas"). By submitting any Idea, You agree that Your disclosure is unsolicited and without restriction and will not place HAY under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

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You’re free to submit feedback and ideas to us.

Modification of the Service

You acknowledge and agree that the Service may change from time to time without prior notice to You
Changes include, without limitation, changes to fee and payment policies, security patches, added or removed functionality, and other enhancements or restrictions.
HAY shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

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Our Service may change. HAY holds no liability for modifications or discontinuation.

External Resources

The Service may include hyperlinks to other web sites or content or resources or email content. You acknowledge and agree that HAY is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

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Service may have hyperlinks to external content. HAY is not responsible for their availability.

License from HAY and Restrictions

All of the content available on or through the Service, including without limitation, text, photographs, graphics, logos, trade/service marks, and/or audiovisual content, but expressly excluding Customer Source Code, is owned and/or controlled by HAY, or other licensors or Service users and is protected, as applicable, by copyright, trademark, trade dress, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Service and any underlying technology or software used in connection with the Service contain our proprietary information.

Subject to and conditioned upon your compliance with these Terms of Service, we grant to you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to You by HAY as part of the Service as provided to You by HAY. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Service as provided by HAY, in the manner permitted by the Terms.

You may not (and You may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by law, or unless You have been specifically told that You may do so by HAY, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Service.

Open source software licenses for components of the Service released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms of Service, the open source licenses govern Your agreement with HAY for the use of the components of the Service released under an open source license.

You may not use the Service in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other users' use or enjoyment of the Service.

You may not attempt to gain unauthorized access to any of the Service, member accounts, or computer systems or networks, through hacking, password mining or any other means.

Without limiting anything else contained herein, you agree that you shall not (and you agree not to allow any third party to):

remove any notices of copyright, trademark or other proprietary rights contained in/on or accessible through the Service or in any content or other material obtained via the Service;
use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Service;
reformat or frame any portion of the web pages that are part of the Service;
use the Service for commercial purposes not permitted under these Terms;
create user accounts by automated means or under false or fraudulent pretenses;
attempt to defeat any security or verification measure relating to the Service;
provide or use tracking or monitoring functionality in connection with the Service, including, without limitation, to identify other users' actions or activities;
impersonate or attempt to impersonate HAY or any employee, contractor or associate of HAY, or any other person or entity; or
collect or store personal data about other users in connection with the prohibited activities described in this paragraph.

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Content in HAY, including the underlying code, belongs to HAY. You may not modify, reverse engineer, or impair the Service.

Our Copyright Dispute Policy

HAY respects the intellectual property of others and requires that our users do the same. It is our policy to terminate the membership of repeat infringers. If you believe that material or content residing on or accessible through the Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Copyright Agent listed below:

identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the HAY Service (providing the URL(s) of the claimed infringing material satisfies this requirement);
information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and
your physical or electronic signature.

Our Designated Copyright Agent for notification of claimed infringement can be reached by email at support@howareyou.work or at the following postal address:

Attn: Designated Copyright Agent, code quest sp. z o.o., Zamiany 8 LU 202, 02-786 Warsaw

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HAY enforces copyright policies, if you notice something that infringes those policies, reach out to us.

Links to Other Websites

The Service may contain advertisements and/or links to other websites ("Third Party Sites"). HAY does not endorse, sanction or verify the accuracy or ownership of the information contained in/on any Third Party Site or any products or services advertised on Third Party Sites. If you decide to leave the Site and navigate to Third Party Sites, or install any software or download content from any such Third Party Sites, you do so at your own risk. Once you access a Third Party Site through a link on our Site, you may no longer be protected by these Terms of Service and you may be subject to the terms and conditions of such Third Party Site. You should review the applicable policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site, or relating to any software you use or install from a Third Party Site. Concerns regarding a Third Party Site should be directed to the Third Party Site itself. HAY bears no responsibility for any action associated with any Third Party Site.

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Service may display ads and links to Third Party Sites. HAY doesn't endorse or verify third-party content, hence user discretion advised.

Disclaimer of Warranties

If you access the service, you do so at your own risk. We provide the service "as is", "with all faults" and "as available." We make no express or implied warranties or guarantees about the service. To the maximum extent permitted by law, we hereby disclaim all such warranties, including all statutory warranties, with respect to the service, including without limitation any warranties that the service is merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We do not guarantee that the results that may be obtained from the use of the service will be effective, reliable or accurate or will meet your requirements. We do not guarantee that you will be able to access or use the service (either directly or through third-party networks) at times or locations of your choosing. We are not responsible for the accuracy, reliability, timeliness or completeness of information provided by any other users of the service or any other data or information provided or received through the service. Except as expressly set forth herein, hay makes no warranties about the information systems, software and functions made accessible by or through the service or any security associated with the transmission of sensitive information. hay does not warrant that the service will operate error-free, that errors in the service will be fixed, that loss of data will not occur, or that the service or software are free of computer viruses, contaminants or other harmful items. Under no circumstances will hay, any of our affiliates, distributors, partners, licensors, and/or any of our or their directors, officers, employees, consultants, agents, or other representatives be liable for any loss or damage caused by your reliance on information obtained through the service.

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Access the service at your own risk. Provided 'as is' without warranties. We disclaim liability for information accuracy, system errors, or damages.

Limitations on Liability

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Service features ads, links to Third Party Sites. HAY doesn't endorse or verify them; user discretion advised. No liability accepted.

Indemnification

You agree to hold harmless and indemnify HAY, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "HAY and Partners") from and against any third party claim arising from or in any way related to (a) Your breach of the Terms, (b) Your use of the Service, (c) Your violation of applicable laws, rules or regulations in connection with the Service, or (d) Your Customer Source Code, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, HAY will provide You with written notice of such claim, suit or action.

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You agree to indemnify HAY and Partners from third-party claims related to your breach, Service use, or legal violations. Written notice provided.

Choice of Law and Dispute Resolution

The Terms of Service shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of Poland as applied to contracts made and performed entirely within Poland, without giving effect to any conflicts of law statutes. Any controversy, dispute or claim arising out of or related to the Terms of Service or the Service shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the Poland, pursuant to the rules of the Polish Arbitration Association. Any and all disputes that you may have with HAY shall be resolved individually, without resort to any form of class action.

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Terms governed by Polish law, disputes settled through arbitration in Poland. Individual resolution, no class action.

General Legal Terms

The Terms constitute the whole legal agreement between You and HAY and govern Your use of the Service and completely replace any prior agreements between You and HAY in relation to the Service.

If any part of the Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

The failure of HAY to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

You agree that if HAY does not exercise or enforce any legal right or remedy which is contained in the Terms (or which HAY has the benefit of under any applicable law), this will not be taken to be a formal waiver of HAY's rights and that those rights or remedies will still be available to HAY.

HAY shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity.

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The Terms are the entire agreement between You and HAY, superseding prior agreements. Invalid parts are construed, rights are not waived, and liabilities are limited.